QUESTION
What should I do if I am unhappy with my divorce attorney?
Asked on Aug 08th, 2011 on Child Custody - Oregon
More details to this question:
I previously retained an attorney to pursue child support but I no longer wish to do so and am asking the lawyer to withdraw from the case. Am I owed any money in return or do I lose the whole amount I gave him to handle the case?
19 ANSWERS
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You will unlikely be entitled to a "refund" unless you current attorney did something improper.
Answered on Aug 24th, 2011 at 6:57 PM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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You have the right to ask the attorney to substitute out. You may be owed a refund or you may have a balance due depending on the fee agreement and work performed. You should ask for a final accounting.
Answered on Aug 12th, 2011 at 10:09 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You have not provided enough information to answer your question. Your attorney is entitled to payment for what he has done up to the point that you terminate his service. You should have a written fee agreement with him that provides the details of how his services are to be accounted for. If you deposited an advance amount more than to cover what he has already done, you should be entitled to a refund. You are entitled to a detailed explanation from him to explain his charges and why there would be no refund - if that is what he says.
Answered on Aug 11th, 2011 at 7:05 AM
Steven D. Dunnings
If he spent less time on an hourly basis than what you paid him/her, you are entitled to a refund unless your agreement was to pay a lump sum.
Answered on Aug 10th, 2011 at 10:59 AM
First, if the case has been filed, and you no longer wish to go forward with it, you should have it dismissed. Second, you can always fire your attorney. If you make it clear to him or her that, that is what you want then, the attorney should send out a withdrawal and stop taking action on your case. Third, whether you have money coming back from the attorney and how much depends on several items. It will depend on exactly what sort of fee arrangement you made with the attorney. In some fee arrangements, unused funds are refundable. In others they are not. It will also depend on how much work the attorney has done on the case to this point. If you gave the attorney enough money to cover 10 hours of work and he or she has already done 12 hours of work, then, chances are, you're not getting anything back. On the other hand, if you gave the attorney money to cover 10 hours of work and he or she has only done two hours of work, then, you should be getting something back, again, depending on the type of fee arrangement you made with the attorney.
Answered on Aug 10th, 2011 at 10:14 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You can fire your attorney any time. Whether you get back any of the money you've given him so far, depends on your fee agreement. There are limits in Washington to lawyers being able to charge a flat fee for their work. If the money you've paid is not a flat fee, but an advance fee deposit, that the attorney earns as he/she works - then the question is whether he/she has done enough work to earn it all. If not, you should get the balance of your fee deposit back.
Answered on Aug 10th, 2011 at 10:08 AM
If you are unhappy with your divorce attorney, you are able to obtain a different lawyer. Your original lawyer must refund any funds in trust that have not already been used working on your case.
Answered on Aug 10th, 2011 at 10:08 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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That depends on what your Retainer Agreement says, how much money the Retainer fee was, and how much work has actually been done on your case. You should review your Agreement and then talk with your Attorney about the situation. You can also retain new counsel and discuss the matter with them.
Answered on Aug 10th, 2011 at 9:58 AM
If there is any remaining amount of your retainer left, then the attorney is obligated to return that money to you.
Answered on Aug 10th, 2011 at 9:55 AM
2 Awards
Typically an attorney will have a retainer agreement that provides for a non-refundable initial retainer or a flat fee for the initial retainer. If this is the case, it is unlikely you will get any money back. Look at the terms of the retainer agreement. In terms of finding a new attorney, the internet is a good starting point. There are many sites that rate and review attorneys. Good luck.
Answered on Aug 10th, 2011 at 7:55 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Look at the terms of your retainer. BEFORE firing him (which you may do at any time), ask him for an update on the status of your account (how much $ you have left).
Answered on Aug 10th, 2011 at 7:41 AM
Family Law Attorney serving Woodland Hills, CA
Partner at
Law Office of Daniel B. Rubanowitz, APC
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The Engagement Agreement dictates whether or not you are entitled to a refund from your attorney. Although Retainer Fees can be refundable, there are attorneys that have non-refundable retainers and the unused portion of the fee paid is kept by the attorney regardless of whether you keep or substitute them out of the case. Attorneys use non-refundable clauses in their Engagement Agreement because you are paying for him/her to commit to working on your case; meaning that the attorney is likely forgoing opportunities to work on another case. Read your Engagement Agreement and if you are not certain, then consider your other options, including, but not limited to, consulting with another attorney or asking your attorney to explain it to you. Your attorney should not bill you to discuss the terms of the Engagement Agreement. Good luck.
Answered on Aug 10th, 2011 at 7:40 AM
You are entitled to any unused retainer. NY does not allow non-refundable fees. The attorney is entitled to any fees earned and expenses incurred on your behalf. Ask him to withdraw and for a final accounting and refund. If you are not satisfied with his fee, you can submit a request to "fee dispute resolution program." You can find information online or call your local bar association and ask for information about attorney-client fee disputes.
Answered on Aug 10th, 2011 at 7:17 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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To Whom It May Concern: Check your contract/Retainer Agreement. Most Family Law Attorneys work by the hour. An Attorney's fee cannot be unconscionable so, for example, if you gave an Attorney $2,500 or $3,500, and he only drafted a couple of documents and maybe appeared in Court one time, you might well expect that you had not used up the entire retainer. You might well be entitled to a partial refund. Send a Certified Mail with Return Receipt Requested to the Attorney. Advise him that you are terminating his services and request your file and a refund of any unearned fees. The lawyer has no choice. You can avoid being billed further by advising the attorney that you are not authorizing the expenditure of any further charges whatsoever, and send the Attorney a Substitution of Attorney. The lawyer is supposed to advise you that you have the right to arbitrate a fee dispute. You can find a complaint for on the California State Bar website (www.calbar.org).
Answered on Aug 10th, 2011 at 6:24 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Take a look at your Engagement Letter/Retainer Agreement to see what terms you agreed to as far as non-fundable fees. In most cases, it is unethical to keep unearned fees.
Answered on Aug 09th, 2011 at 10:29 PM
Glen Edward Ashman
That depends solely on the language of the fee agreement you signed, and since you did not provide that language, there is no way to answer you.
Answered on Aug 09th, 2011 at 9:02 PM
It depends on the terms of your contract with that attorney. You have the right to discharge your attorney from further services, but generally speaking, if they have already earned the amount you paid them, you would not necessarily be entitled to a refund.
Answered on Aug 09th, 2011 at 8:58 PM
It depends upon the terms of your written retainer agreement. Review it. IF you did not sign one then you likely will be entitled to some refund, but will depend upon how many hours the lawyer devoted to your case. Check the signed contract you have with the lawyer and you can demand an accounting of all the time he spent on the case if it is an hourly rate retainer.
Answered on Aug 09th, 2011 at 8:51 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You are entitled to a refund of your unused retainer.
Answered on Aug 09th, 2011 at 8:51 PM